procedure to transfer property from my deceased father name to me procedure to transfer property from my deceased father name to me

11 months ago

My father has some properties, in which few were acquired from his ancestors and a couple of them were brought by him in his life span. My father and mother passed away recently and i'm the only heir to them. What is the procedure to change the properties from his name to my name.

Legal Counsel Vidhikarya

Responded 11 months ago

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A.In case of ancestral property for changing of your father share in your name you need a legal heir certificate from a competent authority and NOC from other share holder of the said ancestral property.

In case of self acquired property you need only a legal heir certificate from the competent authority and get the property muted in your name in he record of CO Or BL & BLRO concerned following the standing procedures.

If you need you may take assistance of an Advocate for the purpose.
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Vidhi Samaadhaan Vidhi Samaadhaan

Anik

Responded 11 months ago

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A.Good evening!
For the property to be transferred in your name, you need to apply for property transfer at the sub-registrar’s office. In absence of a Will, you may need to prepare an affidavit, along with a no-objection certificate from the other legal heirs or their successors. as there are no other legal heirs in your case, this will not be required.
Once property gets transferred in your name, the next task is to apply for mutation of property title. It is done to record the transfer of a title of an immovable property from one person to another in the land revenue records. This is required for the purpose of payment of property taxes, or to transfer or apply for utility connection in the name of new owner. It also adds evidentiary value in respect of the title to the property. Mutation of property records takes place at the local competent municipal authority office in whose jurisdiction the inherited property is located. The mutation process, required documents and fees differ from state to state.
It is important to note that any loan undergoing on the property you are buying will automatically be your responsibility. It also includes the pending property taxes, if any.
The Original property purchase papers should be produced at the time of transfer. If the property papers are missing, then you must procure the certified copies of such deeds from the registrar's office of your respective jurisdictional authority.
The Encumbrance certificate records the entire transactions done on the concerned property, such as lease, mortgage, sales, partition, gift, etc.
The Khata is another record that proves the ownership in terms of government records, such as the municipal boards. This bears the testimony of the property tax paid on the said property or if any conversions are done on the property.
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